Summary
The Fourteenth Court of Appeals of Texas ordered the appeal in a family-law case abated for 60 days and referred the underlying dispute to mediation. The order sets requirements for mediation attendance, confidentiality, reporting, settlement filings, and reinstatement or dismissal of the appeal, and includes mediation rules and a mediator's report form.
Topics
Practice areas
Questions Presented
- Whether the appeal should be referred to mediation and abated for sixty days to permit mediation and possible settlement.
Holdings
- The appeal was abated for sixty days and the underlying dispute was referred to mediation, with the appellate timetable suspended during that period.
Key quotations
“The court ORDERS the appeal ABATED for a period of sixty days and refers the underlying dispute to mediation.”
“The appeal is ABATED, treated as a closed case, and removed from this court’s active docket for a period of sixty days.”
Factual background
The opinion provides no substantive facts about the marriage or the underlying dispute. The court determined only that the appeal was appropriate for referral to mediation.
Procedural history
The case was appealed from the 246th District Court of Harris County in trial court cause number 2013-68191. The Fourteenth Court of Appeals determined that the appeal was appropriate for mediation, suspended the appellate timetable, and abated the appeal for sixty days. The appeal was treated as a closed case and removed from the active docket during the abatement period, subject to reinstatement or further dispositive motions.
Remand instructions
The appeal was abated rather than remanded. Mediation was ordered to occur within sixty days; the parties were required to report within forty-eight hours after mediation whether the case settled. If mediation resolved the case, the parties were directed to file a motion to dismiss, another dispositive motion, or a motion for additional time within ten days.